In re Amani T.
Matter of Amani
T. v
2006 NY Slip Op 07785
Decided on October 26, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to
Judiciary Law § 431.
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Decided on October 26, 2006
Andrias, J.P., Marlow, Gonzalez,
Sweeny, Catterson, JJ.
9376- 9376A
[*1]In re Amani T. and Another,
Children Under the Age of Eighteen Years, etc.,
and
Orders of disposition, Family Court, Bronx County (Allen
Alpert, J.), entered on or about March 12, 2004, which, after fact-finding
determinations of permanent neglect, insofar as appealed from, terminated
respondent-appellant's parental rights to the subject children and committed
the children's custody and guardianship to petitioner agency and the
Commissioner of Social Services of the City of New York for the purposes of
adoption, unanimously affirmed, without costs.
The findings of permanent neglect are supported by clear and
convincing evidence of respondent's frequent missed visits or
lateness (see Matter of Lenny R., 22 AD3d 240 [2005], lv denied 6 NY3d 708 [2006]), and failure to plan for the
children's future by, inter alia, chronically falling back into substance
abuse, for which she was incarcerated during the pendency
of these proceedings, despite the agency's diligent efforts referring her to
drug treatment programs (see Matter of Christopher Jamar
V., 12 AD3d 314 [2004]; Matter of Jonathan R.M., 26 AD3d 205 [2006]).
Respondent was not relieved of her obligation to plan for the children's future
while incarcerated (see Matter of Gregory B., 74 NY2d 77, 90 [1989]). A
preponderance of the evidence supports the finding that the children's best
interests would be better served by freeing them for adoption by their foster
parents, with whom they have resided for several years and bonded (see Lenny
R., supra; Jonathan R.M., supra), rather than respondent's mother (see Matter
of Jennifer A., 225 AD2d [*2]204, 206 [1996], lv
denied 91 NY2d 809 [1998]).
M-4909 - In re Amani T. and
Another
Motion seeking leave to strike briefs of respondent and Law Guardian and for other relief granted only to the extent of striking surnames of appellant and her children from those briefs, and otherwise denied.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 26, 2006
CLERK